What causes the sale conveyancing process in Alresford to take weeks to complete?
The conveyancing process may be exposed to significant delays, Homeward Legal, however, seek to lessen their consequences where feasible to do so.
How do we bypass paying out for stamp duty?
Stamp Duty Land Tax is usually payable for residential property priced at over £125,000. We firmly advise against any form of stamp duty mitigation. These schemes are often uneconomical and HMRC may challenge a scheme up to six years later. There have been a small number of legitimate initiatives, however, such as disadvantaged area relief. A conveyancing solicitor should confirm whether you are eligible.
Do you advise that I get a chancel liability search? I am buying a Alresford maisonette on the same street as a parson's close.
The result of Aston Cantlow (PCC) v Wallbank reaffirmed that 'lay rectors' of property must subsidise church repairs. A chancel search is used to confirm whether such a liability exists. Liability is more common in some parts of the country. A conveyancing solicitor will be able to advise as to whether a chancel search is necessary, and recommend suitable insurance. Church lands in this area where a chancel search may be appropriate include St Andrew.
Are any Alresford areas of conservation likely to constrain us?
There are several conservation areas in or near Alresford. A conveyancing solicitor will address the consequences of purchasing property in a conservation area.
The survey revealed that no planning consent was obtained for an extension: What are the issues I’ll face?
The chartered surveyor inspecting the property will check any extensions or works that have occurred and highlight any concerns for the attention of your conveyancing solicitor, who will make enquiries with the local authority to establish whether the consents and building regulations are in place.
If the building regulations agreement is not in place, the vendor is not legally allowed to sell the property until they are, since the title deeds cannot be transferred to your ownership. If building requiring planning consent is present at the property but without proof of consent approval, the local authority might be willing to accept a retrospective approval, although this could take a long time, and, even then, they may instruct you, as the new owner, to return the building to its former state, which could be very costly.
Your solicitor will be able to advise you on the most appropriate course of action to take, including whether the retrospective planning or the reversal of building works can be renegotiated from the agreed sale price.
A right of way on the property I’m buying is redundant, but how do I get it removed from the deeds and registry?
A right of way through the grounds of a property is probably an inheritance before other building in the vicinity occurred that has since made the passage through redundant.
But, while having the right of way registered with the deeds means that feasibly someone could insist that they use it (as their public right), but, if they can’t access where the right of way originally led, it makes it a pointless activity.
It’s so unlikely that anyone will want to do this that you have to weigh up the cost of the legal process to get the right of way officially removed against not proceeding. However, if you are at all worried, talk to your solicitor so that it can be investigated further as part of the conveyancing, at which point they can guide you on the appropriate action and the associated costs (this will be in addition to the standard fees for the conveyancing and your solicitor will advise of this additional cost).
Homeward Legal's solicitors provide transparent quotes, detailing what is included in the fees and disbursements and will help with estimates for additional legal work. So, now is the best time to get your conveyancing under way on 0800 038 6699.
How can I go about determine whether the conservation area we are buying in is at risk?
Local Alresford conservation areas are created by the local Winchester planning authority, who administer the state of the area including things like street posts, addition of unsympathetic windows and what can be demolished. English Heritage have assembled a list of the condition (poor to good) of conservation areas.